By Conley H.B. No. 2819 74R6575 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring an environmental consultant to report soil or 1-3 water toxicity; providing criminal penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 361, Health and Safety Code, is amended 1-6 by adding Subchapter S to read as follows: 1-7 SUBCHAPTER S. GENERAL REPORTING REQUIREMENTS 1-8 Sec. 361.561. ENVIRONMENTAL CONSULTANT REPORT REQUIRED. (a) 1-9 A person who performs an environmental consultation for another 1-10 person to assess or survey a site for soil contamination or to 1-11 assess or survey a process to determine whether the process may 1-12 cause soil contamination shall report to the commission any finding 1-13 the person performing the consultation makes regarding 1-14 contamination of soil or surface water or groundwater by a toxic 1-15 material or pollutant or by a hazardous metal, material, substance, 1-16 or waste, regardless of the contaminant detected or the source of 1-17 the contamination, that exceeds a standard or criterion adopted by 1-18 the commission for soil or water quality. 1-19 (b) The report must identify the location of the 1-20 contamination and the contaminants found. A person required to 1-21 report under this section is not required to reveal for whom the 1-22 person performed the assessment or survey. 1-23 (c) A person commits an offense if the person fails to 1-24 report soil or water contamination as required by this section. 2-1 (d) An offense under this section is a misdemeanor 2-2 punishable by a fine of not less than $1,000 or more than $100,000. 2-3 SECTION 2. Chapter 26, Water Code, is amended by adding 2-4 Subchapter K to read as follows: 2-5 SUBCHAPTER K. GENERAL REPORTING REQUIREMENTS 2-6 Sec. 26.421. ENVIRONMENTAL CONSULTANT REPORT REQUIRED. (a) 2-7 A person who performs an environmental consultation for another 2-8 person to assess or survey a site for surface water or groundwater 2-9 contamination or to assess or survey a process to determine whether 2-10 the process may cause water contamination shall report to the 2-11 commission any finding the person performing the consultation makes 2-12 regarding contamination of soil or surface water or groundwater by 2-13 a toxic material or pollutant or by a hazardous metal, material, 2-14 substance, or waste, regardless of the contaminant detected or the 2-15 source of the contamination, that exceeds a standard or criterion 2-16 adopted by the commission for soil or water quality. 2-17 (b) The report must identify the location of the 2-18 contamination and the contaminants found. A person required to 2-19 report under this section is not required to reveal for whom the 2-20 person performed the assessment or survey. 2-21 (c) A person commits an offense if the person fails to 2-22 report soil or water contamination as required by this section. 2-23 (d) An offense under this section is a misdemeanor 2-24 punishable by a fine of not less than $1,000 or more than $100,000. 2-25 SECTION 3. Section 361.561, Health and Safety Code, and 2-26 Section 26.421, Water Code, as added by this Act, apply only to a 2-27 person who, as a part of a consultation, assessment, or survey, 3-1 makes a finding regarding soil or water contamination on or after 3-2 the effective date of this Act. 3-3 SECTION 4. This Act takes effect September 1, 1995. 3-4 SECTION 5. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.